657.045 Employment;
agricultural labor excluded; exceptions. (1) “Employment” does not include agricultural labor
unless such labor is performed after December 31, 1977, for an employing unit
who:
(a) During any
calendar quarter in the current calendar year or the preceding calendar year
paid remuneration in cash of $20,000 or more to individuals employed in
agricultural labor; or
(b) On each of 20
days during the current calendar year or the preceding calendar year, each day
being in a different calendar week, employed in agricultural labor for some
portion of the day (whether or not at the same moment of time) 10 or more
individuals.
(2)
Notwithstanding subsection (1)(a) and (b) of this section, “employment” does
not include services performed before January 1, 1993, by an individual who is
a noncitizen admitted to the United States to perform agricultural labor
pursuant to sections 214(c) and 101(a) (15) (H) of the Immigration and
Nationality Act.
(3) “Agricultural
labor” does not include services performed for the state or a political
subdivision but does include all services performed:
(a) On a farm, in
the employ of any person, in connection with cultivating the soil, or in
connection with raising or harvesting any agricultural or horticultural
commodity, including the raising, shearing, feeding, caring for, training and
management of livestock, bees, poultry and fur-bearing animals and wildlife.
(b) In the employ
of the owner or tenant or other operator of a farm, in connection with the
operation, management, conservation, improvement or maintenance of such farm
and its tools and equipment, or in salvaging timber or clearing land of brush
and other debris left by a hurricane, if the major part of such services is
performed on a farm.
(c) In connection
with the production or harvesting of any commodity defined as an agricultural
commodity in section 15(g) of the Federal Agricultural Marketing Act, as
amended, or in connection with the ginning of cotton, or in connection with the
operation or maintenance of ditches, canals, reservoirs or waterways not owned
or operated for profit used exclusively for supplying and storing water for
farming purposes.
(d) In the employ
of the operator or group of operators of a farm or farms (or a cooperative
organization of which such operator or operators are members) in handling,
planting, drying, packing, packaging, processing, freezing, grading, storing or
delivering to storage or to market or to a carrier for transportation to
market, in its unmanufactured state, any agricultural or horticultural
commodity, but only if such operator or group of operators produced more than
one-half of the commodity, as measured by volume, weight or other customary
means, with respect to which such service is performed.
(4) Subsection
(3)(d) of this section does not apply to service performed in connection with:
(a) Commercial
canning, commercial freezing or brining of cherries;
(b) Any
agricultural or horticultural commodity after its delivery to a terminal market
for distribution for consumption; or
(c) Any activity
enumerated in subsection (3)(d) of this section when performed for an employer
also engaged in any activity enumerated in paragraph (a) or (b) of this
subsection.
(5) “Farms,” as
used in this section, includes stock, dairy, poultry, fruit, fur-bearing
animal, Christmas tree and truck farms, plantations, orchards, ranches,
nurseries, ranges, greenhouses or other similar structures used primarily for
the raising of agricultural or horticultural commodities.
(6) For the
purpose of this section, service in connection with the raising of
forestry-type seedlings is agricultural labor when performed in a nursery.
(7)(a) For
purposes of this chapter, and for services performed after December 31, 1977,
any individual who is a member of a crew furnished by a crew leader to perform
agricultural labor for any other person shall be treated as an employee of such
crew leader if:
(A) Such crew
leader holds a valid certificate of registration under the federal Migrant and
Seasonal Agricultural Worker Protection Act; or
(B) Substantially
all the members of such crew operate or maintain mechanized equipment which is
provided by such crew leader; and
(C) Such
individual is not an employee of such other persons under the usual common law
rules applicable in determining the employer-employee relationship.
(b) Any
individual who is furnished by a crew leader to perform agricultural labor for
any other person and who is not treated as an employee of such crew leader
under paragraph (a) of this subsection shall be an employee of such other
person and such other person shall be treated as having paid cash remuneration
to such individual in an amount equal to the amount of cash remuneration paid
to such individual by the crew leader, either on behalf of the crew leader or
on behalf of such other person, for agricultural labor performed for such other
person.
(c) For purposes
of this subsection, the term “crew leader” means an individual who:
(A) Furnishes
individuals to perform agricultural labor for any other person;
(B) Pays, either
on behalf of the crew leader or on behalf of such other person, the individuals
so furnished by the crew leader for the agricultural labor performed by them;
and
(C) Has not
entered into a written agreement with such other person under which such
individual is designated as an employee of such other person. [Amended by 1955
c.655 §3; 1957 c.395 §1; 1971 c.463 §7; 1973 c.260 §1; 1977 c.446 §1; 1987
c.263 §2; 1989 c.631 §1; 1993 c.18 §141; 2022 c.97 §16]
Notes of Decisions
Dalles Cherry Growers v. Emp. Div., 550 P.2d 1250 (Or. Ct. App. 1976).
· cites it 22× “Extrinsic evidence (statements by a lobbyist) was offered on behalf of the claimant to show the supposed intention of the legislature in enacting a recent amendment of the statute in issue.”
Just-A-Mere Farm, Inc. v. Peet, 430 P.2d 987 (Or. 1967).
· cites it 4× “*415 ORS 657.045 provides as follows: “(1) ‘Employment’ does not include agricultural labor.”
Appleman v. Emp. Div., 534 P.2d 218 (Or. Ct. App. 1975).
· cites it 6× “ORS 657.045. ① *188 The facts are not in dispute.”
West Foods, Inc. v. Morgan, 519 P.2d 1062 (Or. Ct. App. 1974).
· cites it 4× “” ORS 657.045. Petitioner employer, West Foods, Inc.”
Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).
· cites it 9× “However, this enumeration of ‘gum’ products is preceded by ‘As used in this subchapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, * * The Federal Agricultural Marketing Act, as now amended, defines ‘agricultural commodities’ or…”
Klamath Irrigation Dist. v. Emp. Div., 534 P.2d 190 (Or. Ct. App. 1975).
· cites it 11× “Peet, supra, to which the referee did not refer in his decision, the Oregon Supreme Court said: “We begin our inquiry into the meaning of the term ‘agricultural labor’ and ‘farm’ as used in ORS 657.045 fully cognizant of the fact that the meaning of words must he derived from…”
Lenhardt Airpark, Inc. v. Emp. Div., 544 P.2d 622 (Or. Ct. App. 1976).
· cites it 5× “The responsibility of the employer for contributions to unemployment tax funds rests upon the interpretation to be placed upon ORS 657.045(1) and (2)(a) and (c): "(1) 'Employment’ does not include agricultural labor.”
Sw. Oregon Dairy Herd Improvement Ass'n v. Morgan, 521 P.2d 1308 (Or. Ct. App. 1974).
· cites it 6× “Petitioner first contends that respondent erred in concluding that it was not a “cooperative organization” and thus exempt under ORS 657.045 (2) (d). ① Assuming, without deciding, petitioner is correct, its argument is without merit because petitioner’s *302 services offered to…”
M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976).
· cites it 3× “Since the captains were employes of petitioner, the crew members were also petitioner’s employes under ORS 657.”
Anderson v. Emp. Div., 551 P.2d 482 (Or. Ct. App. 1976).
“…4 An example of employment completely excluded from unemployment insurance by state law is agricultural labor. See, ORS 657.045.”
— Or. Rev. Stat. § 657.045(1) — 5 cases
Klamath Irrigation Dist. v. Emp. Div., 534 P.2d 190 (Or. Ct. App. 1975).
“Peet, supra, to which the referee did not refer in his decision, the Oregon Supreme Court said: “We begin our inquiry into the meaning of the term ‘agricultural labor’ and ‘farm’ as used in ORS 657.045 fully cognizant of the fact that the meaning of words must he derived from…”
Lenhardt Airpark, Inc. v. Emp. Div., 544 P.2d 622 (Or. Ct. App. 1976).
“The responsibility of the employer for contributions to unemployment tax funds rests upon the interpretation to be placed upon ORS 657.045(1) and (2)(a) and (c): "(1) 'Employment’ does not include agricultural labor.”
— Or. Rev. Stat. § 657.045(2) — 2 cases
Klamath Irrigation Dist. v. Emp. Div., 534 P.2d 190 (Or. Ct. App. 1975).
“Peet, supra, to which the referee did not refer in his decision, the Oregon Supreme Court said: “We begin our inquiry into the meaning of the term ‘agricultural labor’ and ‘farm’ as used in ORS 657.045 fully cognizant of the fact that the meaning of words must he derived from…”
— Or. Rev. Stat. § 657.045(2)(a) — 1 case
Lenhardt Airpark, Inc. v. Emp. Div., 544 P.2d 622 (Or. Ct. App. 1976).
“The responsibility of the employer for contributions to unemployment tax funds rests upon the interpretation to be placed upon ORS 657.045(1) and (2)(a) and (c): "(1) 'Employment’ does not include agricultural labor.”
— Or. Rev. Stat. § 657.045(2)(c) — 2 cases
M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976).
“Since the captains were employes of petitioner, the crew members were also petitioner’s employes under ORS 657.”
— Or. Rev. Stat. § 657.045(2)(d) — 2 cases
Dalles Cherry Growers v. Emp. Div., 550 P.2d 1250 (Or. Ct. App. 1976).
“Extrinsic evidence (statements by a lobbyist) was offered on behalf of the claimant to show the supposed intention of the legislature in enacting a recent amendment of the statute in issue.”
— Or. Rev. Stat. § 657.045(3) — 5 cases
Dalles Cherry Growers v. Emp. Div., 550 P.2d 1250 (Or. Ct. App. 1976).
“Extrinsic evidence (statements by a lobbyist) was offered on behalf of the claimant to show the supposed intention of the legislature in enacting a recent amendment of the statute in issue.”
Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).
“However, this enumeration of ‘gum’ products is preceded by ‘As used in this subchapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, * * The Federal Agricultural Marketing Act, as now amended, defines ‘agricultural commodities’ or…”
Lenhardt Airpark, Inc. v. Emp. Div., 544 P.2d 622 (Or. Ct. App. 1976).
“The responsibility of the employer for contributions to unemployment tax funds rests upon the interpretation to be placed upon ORS 657.045(1) and (2)(a) and (c): "(1) 'Employment’ does not include agricultural labor.”
— Or. Rev. Stat. § 657.045(3)(a) — 3 cases
Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).
“However, this enumeration of ‘gum’ products is preceded by ‘As used in this subchapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, * * The Federal Agricultural Marketing Act, as now amended, defines ‘agricultural commodities’ or…”
— Or. Rev. Stat. § 657.045(3)(c) — 1 case
Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).
“However, this enumeration of ‘gum’ products is preceded by ‘As used in this subchapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, * * The Federal Agricultural Marketing Act, as now amended, defines ‘agricultural commodities’ or…”
— Or. Rev. Stat. § 657.045(3)(d) — 1 case
— Or. Rev. Stat. § 657.045(4) — 1 case
Appleman v. Emp. Div., 534 P.2d 218 (Or. Ct. App. 1975).
“ORS 657.045. ① *188 The facts are not in dispute.”
— Or. Rev. Stat. § 657.045(4)(c) — 1 case
— Or. Rev. Stat. § 657.045(5) — 2 cases
Rash v. Emp. Div., 737 P.2d 966 (Or. Ct. App. 1987).
“However, this enumeration of ‘gum’ products is preceded by ‘As used in this subchapter, the term “agricultural commodity” includes, in addition to other agricultural commodities, * * The Federal Agricultural Marketing Act, as now amended, defines ‘agricultural commodities’ or…”
— Or. Rev. Stat. § 657.045(6) — 1 case
— Or. Rev. Stat. § 657.045(l)(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.